The severely mentally impairedE+W+S

2(1)A person shall be disregarded for the purposes of discount on a particular day if—E+W+S

(a)on the day he is severely mentally impaired;

(b)as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and

(c)as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.

(2)For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

Persons in respect of whom child benefit is payableE+W+S

3(1)A person shall be disregarded for the purposes of discount on a particular day if on the day he—E+W+S

(a)has attained the age of 18 years; but

(b)is a person in respect of whom another person is entitled to child benefit, or would be so entitled but for paragraph 1(c) of Schedule 9 to the M11Social Security Contributions and Benefits Act 1992.

(2)The Secretary of State may by order substitute another provision for sub-paragraph (1)(b) above as for the time being effective for the purposes of this paragraph.

Students etc.E+W+S

4(1)A person shall be disregarded for the purposes of discount on a particular day if—E+W+S

(a)on the day he is a student, student nurse, apprentice or youth training trainee; and

(b)such conditions as may be prescribed by order made by the Secretary of State are fulfilled.

(2)In this paragraph “apprentice”, “student”, “student nurse” and “youth training trainee” have the meanings for the time being assigned to them by order made by the Secretary of State.

5(1)An institution shall, on request, supply a certificate under this paragraph to any person who is following or, subject to sub-paragraph (3) below, has followed a course of education at that institution as a student or student nurse.E+W+S

(2)A certificate under this paragraph shall contain such information about the person to whom it refers as may be prescribed by order made by the Secretary of State.

(3)An institution may refuse to comply with a request made more than one year after the person making it has ceased to follow a course of education at that institution.

(4)In this paragraph—

“institution” means any such educational establishment or other body as may be prescribed by order made by the Secretary of State; and

“student” and “student nurse” have the same meanings as in paragraph 4 above.

Hospital patientsE+W+S

6(1)A person shall be disregarded for the purposes of discount on a particular day if on the day he is a patient who has his sole or main residence in a hospital.E+W+S

(2)In this paragraph “hospital” means—

(a)a health service hospital within the meaning of the M12[F3National Health Service Act 2006, the National Health Service (Wales) Act 2006] or section 108(1) (interpretation) of the M13National Health Service (Scotland) Act 1978; and

(b)a military, air-force or naval unit or establishment at or in which medical or surgical treatment is provided for persons subject to military law, air-force law or the M14Naval Discipline Act 1957.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

a residential establishment provided and maintained by a local authority in respect of their functions under section 13B (provision of care and after-care) of the M17Social Work (Scotland) Act 1968; or

(b)

a residential establishment to which Part IV of the said Act of 1968 applies; or

(c)

residential accommodation provided and maintained by a local authority under section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,

where the sole or main function of the establishment or accommodation is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment or accommodation.]

“personal care” includes the provision of appropriate help with physical and social needs; and

“support” means counselling or other help provided as part of a planned programme of care.]

(4)The Secretary of State may by order substitute another definition for any definition of [F15“nursing home”], “private hospital” or [F16“care home service”] for the time being effective for the purposes of this paragraph.